Jokelson v. Allied Stores Corp.

McGivern, J. (dissenting).

If the majority is correct in its analysis, there should be no new trial. The entire complaint should be dismissed. In effect that is the result achieved by the majority’s disposition, either substantively or by procedural impediment, notwithstanding a jury verdict in the plaintiff’s favor.

But, in my view, the majority has not properly conceived one of the basic premises of the plaintiff’s case, i.e., overcrowding. I feel the plaintiff made out a case of negligence prima facie on this score and the Trial Judge did not err in submitting the case to the jury. In…